Notably, the Government has no plans to proceed with the controversial recommendation by the Productivity Commission to restrict patent term extensions for pharmaceutical patents.

Moving forward, IP Australia plans to release public consultation papers in relation to a number of the proposed changes, in particular inventive step reform, introduction of an objects clause in the Patents Act and the draft legislation on the phasing out the innovation patent system.

Conclusions

The proposed amendments set out in the Government’s response no doubt are intended to strengthen Australia’s innovation policy. Previously, however, we have reported here that a number of the Productivity Commission’s recommendations will potentially strike a blow against innovators. Accordingly, Shelston IP will review the Government’s response and, if necessary, prepare submissions as part of the public consultation process.